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tv   Legal View With Ashleigh Banfield  CNN  July 9, 2015 9:00am-10:01am PDT

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so i'm always looking kito get more fore. my money. that's why i switched from u-verse to xfinity. they have the most free on demand tv shows and movies on all my devices. it's perfect for me because my kids are costing me a fortune. i'm going to cabo! [ music plays ] don't settle for u-verse. xfinity is perfect for people who want more entertainment for their money. hello, everyone. i'm ashleigh banfield and welcome to "legal view." 10:00 a.m. tomorrow morning eastern time, when a leftover symbol from the civil war, the confederate battle flag, is set
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to vanish from the grounds of a state capitol. the flag will still fly over a few places like some civil war historic sites, also in the corner of the mississippi state flag and, of course, on the t-shirts and bumper stickers of people who will not let go of that now what's become an outdated symbol of the south. but where you will not see it after 10:00 tomorrow morning is flapping on a pole in the shadow of the south carolina state capitol. its time is officially over and state lawmakers finally voted to get rid of it. here is what it took. a heated and passionate debate last night that really lasted well past midnight in columbia. house members voting in favor of bringing that flag down. and giving it a brand-new home in a museum or some other place where relics are stored. what happens next?
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a signature is needed from governor haley. that is set to happen at 4:00, less than four hours from now. cnn's nick valencia is in the capital of south carolina. give me a sense of the feeling among lawmakers and other people you come across on the street. >> there's a lot of raw emotion. talking about jenny who was on our air. i've been speaking to her and she still gets teared up when she thinks about what a monumental day, what a historic day this is. it took 13 hours of debate. at times very emotional. sometimes contentious. when they finally voted, it was after 1:00 a.m. to permanently remove the confederate flag you see flying behind me, a flag that has been on the state grounds since 1961, right here behind me it's been at that confederate memorial in front of the steps of the state capital since 2000. a lot of people reacting including groups like the naacp, the local chapter here.
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they released a statement to cnn and other media outlets saying the south carolina legislature did the right thing, one that is profoundly american, by taking down the confederate battle flag. i applaud state senators, members of the house of representatives, and governor nikki haley for their commitment and support to the citizens of south carolina and the citizens of this country. we expect nikki haley to sign this legislation and make this all official at 4:00 p.m., part of the joint resolution compromise that the flag is going to come down within 24 hours. so 10:00 a.m. we'll see it gone forever. what happens next, that flag will make its way a few blocks from here to the confederate relic museum where it will stay. ashleigh? >> and that's a final. it is the confederate relic museum, that's what they've made the decision on? >> reporter: that's part of the joint resolution by senator pickens. it's been part of the deal the whole time. if this was going to become official, that was going to be the next official process. some people i have been speaking to said the removal was going to
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be unceremonious. now we understand there will be an event here behind me at 10:00 a.m. for that flag to come down. ashleigh? >> they're having to do all of this real quick, to say the very least. nick valencia, thank you for that live in columbia. in the meantime in washington gop house members are pulling their support for a bill that would have upheld the right to display confederate flag in some sem teries. i want to bring in athena jones. the story sort of came out of nowhere. it seemed to develop very late and then throughout the night get a lot of traction. by this morning there's action. can you explain exactly what's happened? >> hi, ashleigh. the bill in question is actually the annual spending bill, funding. attached to it were several amendments that would limit the display of the confederate flag in national park service run facilities. you can't sell it as merchandise
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in stores. you wouldn't be able to display it at cemeteries run by the national park service. late last night a republican offered another amendment that would undermine those two measures that passed. it would allow the confederate flag to be displayed at cemeteries. so this, of course, has caused a lot of consternation. they have decided to pull that bill, the entire bill, because they didn't want to see this embarrassing debate continue the same day that, of course, the house, the state in south carolina, is removing the flag. ashleigh? >> very odd timing indeed. an odd action. athena jones live for us in d.c. let's go back down south to south carolina. so much has happened leading up to this historic vote to remove the confederate flag. late last night while most of us across the country were winding down our days and probably heading off to bed if not already asleep, a south carolina state representative, a name you may not have known until today, she's a republican and she's a
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descendent of confederate president jefferson davis. well, she sidled up to the podium and then she did something that had jaws dropping. she poured out her heart. for her this rebel flag issue is deeply personal. >> let me tell you, i attended the funeral of pinckney and the people of charleston deserve immediate and swift removal of that flag from this grounds. we can say for another day where this flag needs to go. which flag needs to fly or what museum it needs to be in, but the immediate issue as far as i'm concerned is that a member of the charleston delegation, and speaking on behalf of the people in charleston, this flag
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offends my friend john king, my friend reverend beil. i cannot believe that we do not have the heart in this body to do something meaningful such as take a symbol of hate off these grounds on friday! >> the passion of representative jenny horne. friday that is what that representative is going to get. the flag is coming down. but then what? what about that relic museum? what happens to that confederate memorial that's been flying over that part of the grounds? more importantly, what changes will this ultimately bring about? i'm going to ask a lawmaker who
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sts this hour's breaking news on cnn. we know when the confederate battle flag will come down permanently. tomorrow morning 10:00 a.m. and there is something official planned. we just don't know yet. there's something else important that has to happen yet. a couple hours the governor of south carolina is going to put her pen to the bill that ends the state's policy of flying the rebel flag next to that capitol building. it makes official the decision that was overwhelmingly approved
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last night in a very late night session. this man was there and he voted yes to immediately take down the flag. his name is state representative mcknight. representative, thank you for being with us today. you tweeted out the words, the flag comes down, with a whole bunch of extra characters next to it. it's a great day in south carolina. i can only imagine your mood, but i certainly wasn't in the room when this happened. can you take me there as a fellow representative of jenny horne, not only when she made that impassioned speech but when the ultimate vote came down, 94-20. >> well, when jenny made her speech, it touched everyone in the room. jenny's a very intelligent person. she's a great trial lawyer, but she doesn't say much -- during the time i've been in the house of representatives for a year now, and she didn't take to the well much to make a speech. when she final ly went on the
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floor of the house to speak the way she did about taking the flag down, every year and every eye was on her. and i think it was her actions, her words and the actions of russell ott with his resolution. those were the two things that were able to turn the tide and make taking the flag down a real possibility as we saw at 1:00 last night. >> you completely shocked me because, i'm going to be honest with you, i don't follow south carolina house politics very often so i haven't watched that well very often. i assumed that woman spent a lot of time because she was pretty darned good at this. if that was ex ttemporaneous, i was one of the best i've ever seen. let me ask you about tomorrow morning at 10:00 a.m. this was all on the fly. it happened so fast. do you know what's in store for 10:00 a.m.? will there be of ado, hoopla, a lot of flair? are there organizations getting together to be a part of this coming down ceremony or is it just going to happen quietly? >> from what i understand it's
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going to happen rather quietly. i don't think there will be a lot of pomp and circumstance, and that's completely different than when it went up in 2000 when they had confederate re-enactors come out and have a full ceremony in which they put the flag up. i anticipate this will be a quiet ceremony if a ceremony at all. today at 4:00 when the governor signs the bill there have been members of the families of the victims from the murders in charleston that have been invited. i'm certain senator pinckney's family has been invited. whether or not they will attend, i do not know. i imagine you will have more ceremonies today with the signing than tomorrow when they remove the flag. >> representative mcknight, i'm looking behind you and you are framed equally with two flags over either of your shoulders. i'm curious to know your thoughts about -- there are plenty of people in the state and elsewhere in the country who do look at the flag and see other attributions to it and not racism, but is there any place that you can think of that is
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appropriate for that flag to fly, say the graves of confederate soldiers or any other sort of memorial place you think it would be appropriate for that flag? >> the appropriate place for the confederate battle banner is the confederate relic room we have which is a few blocks away. it's in that room we store all of our artifacts, old weapons, and other historical weapons from the civil war. i think that's the appropriate place for that. beyond that, if a private citizen chooses to fly the flag on their property, they have the right to do so. this is america and you have the right to free speech and the freedom of expression. however, when it comes to taxpayers' money, when it comes to the state house grounds, the only flags that we need to display are that of the united states and the flag of the state of south carolina. everything else is a symbol of division and we don't need it on the state house grounds. >> representative cezar
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mcknight, thank you for taking the time to speak with us today. i appreciate it. >> thank you. coming up next, donald trump has been tweeting up a storm after that big phone call from the chairman of the republican party. not to mention he had quite the fiery interview with our anderson cooper last night. there's a lot to talk about happening next.
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well, donald trump is at it taking bad press and meeting it head-on. he's denying the head of the republican party rang him up to tell him to dial it down when it
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comes to immigration. this is what donald trump tweeted, totally false reporting on my call with reince priebus. he called me, ten minutes, said i hit a nerve. doing well. end. the rnc chairman reince priebus called donald trump yesterday, sources tell cnn, and reportedly asked that presidential candidate to tone down the inflammatory remarks about undocumented immigrants, worried it could hurt the republican party. as the republican party and trump go back and forth, the billionaire businessman is standing by his derogatory comments about who is crossing the border and what they're up to when they do. listen to what he told our anderson cooper last night. >> you talk about their reports. i have to look at a bunch of studies here that say there's actually no correlation between illegal immigration and crime. >> you're not a baby. you're not a baby.
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illegal immigrants coming in are causing tremendous problems. in terms of crime, in terms of murder, in terms of rape, in terms of lots of other things. >> northwestern university cited by "the washington post" says essentially no correlation between illegal immigration and violent crime. using figures from the university of massachusetts found, quote, the crime rate among first generation immigrants, those who came to this country from somewhere else lower than the overall crime rate than that of second generation. >> if they're an illegal immigrant, they shouldn't be here. they're not supposed to be in our country. i'm not just talking mexico. they're coming from all over the world. even if the studies were correct, i'm not talking about correlation. when you have illegal immigrants coming in, if they commit crime, they're not supposed to be. >> they say it's corrupt offici officials, traffickers, gangs. >> as i said before, it's called rape. it is rape and it's happening and it's a shame and it's
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horrible. >> well, i can attest firsthand reporting that anderson cooper is not a child. he's a little older than i am, and i will attest joe johns is not a child either, our senior washington correspondent. i want to tap you for truth telling and fact checking. is donald trump telling the truth when he goes on about his correlations between illegal immigration and crime and then the whole priebus thing that he says that's not at all what the phone call was about? >> reporter: okay. let's start with the phone call. the back story here is that the republican party especially since the presidential cycle of 2012, ashleigh, has been trying to make inroads to latino voters and the overarching concern is trump's comments are hurting as opposed to helping. the rnc did a study that's been described publicly as an autopsy of the last presidential election and one of the biggest takeaways was that the republican candidates needed to change how they talk about the immigration issue.
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mitt romney only got something like 27% of the hispanic vote and, for the record, romney has already said trump's comments have hurt the gop, so reince priebus has to be careful because trump is running second in the polls, in some places around 12% of the vote. so this suggests there is a segment of the electorate who basically embraces what he is saying or at least the narrative that trump is a straight talker in politics. so you have the late e statement coming out of the rnc communication shop offering more contact saying chairman priebus often speaks privately with candidates seeking the nomination. the statement says he did have a respectful conversation with trump on wednesday and that they discussed multiple comments including comments on immigration. they're being careful with this, ashleigh. >> back to the whole immigration story, about the numbers, because if there's one thing he cited in the interview with anderson, it was that there are more illegal immigrants in this country than ever before coming over the border and already
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here. those are two pretty strident comments when there are studies and facts that seem to really defy that. >> yeah. i think anderson really hit the nail on the head. he was very prepared there with a bunch of different studies. i mean, trump is great at telling his version of the truth. he's a really good self-promoter. we have a sound bite. do you want to listen? >> go. >> when you talk about focusing on the criminals, deporting people, more people have been e deported under obama than any other president previously. >> and more people are coming in under obama by far than any president ever. there's never been an entrance like this, and they're walking in -- they're walking right past our patrols. >> actually arrests on the border have gone up significantly. >> i can just say this. more people are in this country right now illegally than ever before. i will build a better wall and i'll build it for cheaper and mexico will pay.
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>> reporter: okay, so farce immigration goes, and trump has been fact checked multiple times, statistics show first-generation immigrants, the people who came here from other countries during their lifetimes are less likely to commit crimes than the people who were born here, and there are even some studies suggesting that people who came here illegally are less likely to commit crimes simply because they don't want to get into trouble and get deported again. so a lot of the studies out there really defy what it is trump is saying here. >> oh, and then, joe, the whole thing about the numbers of illegal immigrants declining in this country from a peak in 2007. so that's sort of important to add to that conversation as well. joe johns, thank you. nice to see you. nice to see you grown up. thank you. i want to make sure you're tuning in to next hour because anderson coop letter will talk
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his interview. as always you can find the best coverage for the race for the 2016 white house at now to the release of bill cosby's 2005 deposition. if you saw what he said about quaaludes and women and sex was bad, there could be so much more that is buried in a vault. we'll explain. also, the 2008 case that could force bill cosby to answer questions in open court under oath with a judge. that stuff is tough to get around. the attorney for one of the accusers in the case joins us next.
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if bill cosby thought parts of his 2005 deposition being released was embarrassing, you know that stuff about him admitting to buying drugs to give to women to get sex, all that stuff, just imagine if that whole darned thing got out, the whole deposition, not just a few pieces, because that is exactly what one of his accusers is fighting to make happen. her attorney filed a motion to release the whole deposition arguing the tv star violated a 2006 confidential settlement agreement when his lawyers spoke about his accusers in recent months. and we expect cosby's lawyers to file a response to all of that.
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we just don't know when or if they'll tell us. we suspect we'll have to find it on our own. most of his accusers may never see their day in court. there is at least one woman who may be able to force bill cosby to answer the allegations under oath in a courtroom with a judge. chloe goins says he assaulted her in the spring of 2008. if you do the math that is still within the ten-year statute of limitations, 2008. his attorney says he was not even in california the day the alleged assault happened. right now it's important for you to know the lapd says they do have one investigation, a criminal investigation but due to the nature of the charges
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lapd says they can't divulge the allegations. i want to bring in chloe's attorney who joins us from boynton beach. thank you for being with us. so is it your investigation that the lapd says it has but can't divulge details of? >> we can only assume that it is our investigation because we know the investigation was open when my client went in and gave her statement and they never told us it was closed. in addition to that i was recently contacted by the police department to obtain some additional information but, as they told us from the beginning, they would like us not to comment on anything we've told them directly. >> oftentimes when there is someone who feels wronged, they have an advocate within the police department, someone who
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keeps them abreast of how things are going in the investigation. is that happening in your case? >> so far the only contact we've had is through my office and with the private investigators and the investigator in charge of that criminal investigation for my client. they haven't really updated us on the details so far. we're looking for them to prosecute on the charges we brought forward. >> we almost never hear from bill clinton. we almost get no answers to anything. on this the cosby camp thought it was important enough for his attorney to issue a statement, and the statement was about the date that your camp said this party took place at the playboy mansion, on august 9, 2008. this is the midsummer night's dream at the mansion. mr. cosby was in new york on that date. we will be providing documentary evidence to the appropriate authorities which conclusively
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establishes mr. cosby's whereabouts on august 9 and the preceding and succeeding days. after that statement came out you revised miss goins' dates and what she recollected as her dates. that, to the outside looking in, looks cagey or squishy. why are there problems with the dates? >> let's be clear about one thing. if all of these women's allegations prove true, mr. cosby will be the most prolific serial rapist in american history. 45 women over a 40-year period. as for my client, she has never given a specific statement. she has never said a specific date she was at the mansion other than the spring of 2008. there were assumptions that were made with respect to the date they believe she was there. that has not been her statement and she has never said tleshe w
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there for any particular party. she said she was at a private party mr. cosby was in attendance. if anything is proved true through the 2005 deposition testimony that he's released, we know mr. cosby's handlers and mr. cosby himself, his public statements are very different than what he says under oath. my client is the only one that can hold him accountable in a court of law, and i can't wait to get him in a deposition and ask him those questions. >> so i want to ask you a little bit about the evidence because you're talking about documentary evidence that the cosby camp promises it will forward. so many of the accusers have said, you know, their statutes of limitations have expired or at a time they made any kind of complaint there was so little evidence because they had waited, say, up to a year. what can you tell me about your case and hard evidence because that's what this takes when you're going into a criminal situation, civil, for that
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matter, it's evidence that counts. what do you have? >> well, i'm sure you can understand and i would hope viewers would understand, certain evidence the police department has asked us not to disclose. my client gave over a two and a half hour statement with witnesses and evidence she had of the incident that occurred to her, and we do not have the ability to disclose that now because l.a. police asked us to keep that under wraps during the criminal investigation. if this case is filed either in criminal court or ultimately in a civil suit, then at that point everyone will see what we have. >> and it is a fascinating story as your client was 17. this really changes things up in this case. i hope you'll keep us posted. it's nice of you to join us. thank you. >> thank you. >> so bill cosby will not lose his star on the hollywood walk of fame because once you get a star, it is considered part of the historic fabric of that
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landmark, but he does stand to lose something much more significant, much more important, something almost no stars get or very, very few, and we're not just talking about his legacy either. what could happen to cosby from a legal perspective coming up next? when i started at the shelter, i noticed benny right away. i just had to adopt him. he's older so he needs my help all day. when my back pain flared up we both felt it i took tylenol at first but i had to take 6 pills to get through the day. then my friend said "try aleve". just two pills, all day. and now, i'm back for my best bud! aleve. all day strong and try aleve pm, now with an easy open cap. nobody's hurt,but there will you totstill be car. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car?
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we just heard from the corner of chloe goins, an accuser of bill cosby. she may be the first who has a case that falls within the very important statute of limitations. it is a legal obstacle for the other women. cosby may think there won't be consequences like prosecution, he may be right, there are still legal implications and a petition to remove his me
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preside presidential medal of freedom. i want to bring in legal analyst and criminal defense attorney mark omera. mark geragos, that is this, one of the accusers who had a civil case filed a motion saying he violated the terms of the confidentiality of their agreement and believes the entire deposition, not just the snippet that's getting so much coverage right now, the entire deposition should be made public. what are the chance that is will happen? >> i think it's very good. once this judge let out that little snippet, there's a pretty good evidentiary argument why the rest should be let out. the lapd is going to be able to get at that deposition for their
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investigation because you cannot in a civil context keep that away from the criminal authorities. it's just a matter of time. >> mark omer a, it does come out, we don't know what's in it but it could be a minefield. you just have no idea. so my thought is that the cosby camp will work so arduously to suppress any of this. but i found a little hear say exception and that is that evidence of a statement by a declarnt having sufficient knowledge nod made admissible if the declarant is unavailable as a witness. does that effectively mean too bad, it is not going to be protected by hearsay and would be allowed in if any other wolf wanted to use it? >> i think it will come in. in one sense it's a statement against his interest because he seems to have admitted certain
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civil liability in that deposition in order to get the settlement done and that's an admission against interest and will come to haunt him. so no question about that. i think now that there's a wedge in that door of the deposition, i think they'll be able to bring it out. the tide has now turned against mr. cosby. the judges realizing that for ten years he gave a different story than what he told under oath are probably going to be more willing to let it out. >> we looked carefully when phil spector was tried about the parade of women that were brought into that courtroom had a had the same kind of story as the victim in the murder case had. >> except, right, except in california we have 1101 and 1108
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of the evidence code which allows you to put all of this in. for those women who feel there's a prosecution here, they're going to have a tsunami of choices of people to put on similar acts or like acts or motive type of evidence and that is what is so daunting about this. and it's also one of the reasons why i keep saying the poor lawyer who was defending that depo with cosby, the one that we just saw, must have started tackling him when he started answering those questions. they had to know that was going to come out and eventually be a problem. >> i kept wondering if i was going to see the next line say zip it, zip it. thank you both. it's good to have you both with us. we'll have you back again. thank you so much. >> thanks, ashleigh. >> hey, o'mara. >> all right. so coming up, you've heard a lot about special prosecutors and the demand that special
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prosecutors come in when there's an issue between police and society. guess what? one walloping big state is about to make a big announcement about special prosecutors being the norm. we'll explain in a moment.
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the state of new york may have a way to eliminate the perception of bias when it comes to the prosecution of police
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killings, when police kill civilians, a special prosecutor is now going to handle those investigations when civilians die in confrontations with the police. the governor of new york andrew cuomo gave the state's attorney general jurisdictions s insteaf the district attorney who work closely with law enforcement every day. joirng me on the phone is governor cuomo himself. thanks for being with us. this is monumental given the anniversary of eric garner's death is next week, am i wrong? >> no, you're right, ashleigh, and it's a pleasure to be with you. we've seen it in new york but frankly all across the country a growing number of incidents where you have mainly minority communities who feel the state police, local police, have been unfair with them and one of the
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conflicts they point to is local district attorneys, county attorneys, tend to work very closely with the police departments and then it's the same who winds up being investigator and prosecutor for the police. and that's your real or perceived conflict of interest. and my point is, look, without trust, the criminal justice system doesn't work. it is a blindfolded woman on a statue. she doesn't see color, she doesn't see race, she doesn't see income and they're saying the perfection of boy yaz. we put the state attorney general who does not deal with the police day in and day out and that perfect will handing any cases there's the killing of a civilian who is unarmed or
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whether or not there's a question of a person who is armed and this will end that potential conflict and i think go a long way to restoring trust in the system. >> is this a trial effort? i know this is a one-year deal, to last one year. do the d.a.s get the cases back? >> i don't think so. the d.a.s, i wouldn't say they're exactly happy about losing jurisdiction. i think even the d.a.s in new york, across the country, would agree that many people have the perception there was a conflict and, ashley, that in and of itself is a problem. if people don't have trust and faith in the criminal justice system we have a problem. >> governor, that perception
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issue, i've worked in so many courtrooms covering legal news, there are so many prosecutors who are -- feel violated when police do bad things and reject wholeheartedly the cozy relationship that prosecutors and police have extends when one of them goes back. they are terribly offended they could be considered biased to the police when the police are considered doing wrong. this has to be, to them, are you concreting that perception and making it more real when the last thing i think many of them want is that to be sealed. >> i think the district attorneys -- as you pointed out, there's a large number of district attorneys, 62 in new york alone, but most of them will bristle at the fact that
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they are not objective. i was a former district attorney, so i have tremendous respect for the office. we have plenty who handle 200 cases. it's not whether or not there is a conflict, it's whether or not people perceive that there's a conflict and the perfection in and of itself is a problem, like your business, ashleigh. even if you don't have an actual conflict, if people think you have a conflict it hurts the credibility of the newscast. so avoid even the appearance of a conflict. >> i have 30 seconds left but i wanted to catch you on the south carolina vote. can you give me ten seconds on that, governor? >> i think that was the right vote. i think it's the right signal.
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what i'm doing, i think what their jess jur will do, bring down the anger, the divisions, bring down the pos tilt and find a way to bring piece and ensure confidence. i think the vote on the flag, the confederate flag was exactly right. >> it's great to have you on the broadcast. we'd lick ke to have you more often. thank you, mr. cuomo. >> brother who? thank you, ashleigh. >> i'm telling him you said that. he might be sleeping now. governor cuomo joining us live. thanks for watching. next hour secretary of state john kerry is expected to speak about the ongoing iran nuclear talks. we'll take that live after this quick break.
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awww, yes! that is what i'm talking about. baby. call and upgrade to get x1 today. ♪ hi there. i'm brianna keilar in for wolf blitzer. negotiators are working on a nuclear deal with iran. president obama put odds ton that deal at less than 50/50. there are still significant stadiumbling blocks and we expe to hear from u.s. secretary of state john kerry. he's set to deliver remarks
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about the talks as this new deadline nears. joining me now is senior internainte international correspondent nic robertson. >> reporter: been behind closed doors all day. secretary kerry has met with the french and foreign ministers today. we heard from the french foreign minister. he met earlier this morning with the iranian foreign minister, his chief negotiating partner nawaz sharif. all in the same room together. they just wrapped one of those meetings. these are the sessions where everyone gets together.
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we will hear secretary kerry articulate that position. what will he feel has been xlisht and more to the point does he tell us there are still key political decisions to be made by iran? that's the test of the measure of what he's been able to accomplish so far. i expect something on those lines we'll hear shortly, brianna. >> and, jim, it seems like shuttle diplomacy today. i have secretary kerry meeting with his allies and then he goes back to meet with his allies and iran's allies. does this deadline which has been bumped until tomorrow mean anything? >> we have to stop using deadline. it's a target date. it does mean something in congressional terms. congress will have 30 days and 60 days to review. i think they're more focused on


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